Stalin.G v. The Director Of Govt. Examinations

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.2446 of 2021 G.Stalin ... Petitioner vs.

1.The Director of Government Examinations, College Road, Chennai-600 006.

2.The Director, Backward and Most Backward Class Department, Chepauk, Chennai-600 005.

3.The Joint Director, Kallar Reclamation Department, District Collectorate Campus, Madurai- 625020. 4.The District Educational Officer, District Educational Office, Near Municipal Building, Usilampatti, Madurai District. 5.The Headmaster, Government Kallar Higher Secondary School, Vikkiramangalam, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the 1/6

records of the 1st respondent's impugned proceedings dated 21.02.2020 and that of the 4th respondent in his proceedings in O.Mu.No. 369/A2/2020 dated 19.06.2020 and quash the same as illegal and consequently directing the 1st respondent herein to correct the date of birth of the petitioner as 20.05.1998 instead of 22.05.1998 in the SSLC Mark Statement of the petitioner based on his representation dated 11.12.2019.

For Petitioner :Mr.D.Srinivasa Ragavan For Respondents :Mr.P.Thambidurai Government Advocate *****

O R D E R

This Writ Petition has been filed challenging the impugned proceedings of the first respondent dated 22.02.2020 and the proceedings of the fourth respondent dated 19.06.2020 and for a consequential direction to the first respondent to incorporate the correct date of birth in SSLC mark statement and also the transfer certificate. 2.The grievance of the petitioner is that his correct date of birth is 20.05.1998 as per the birth certificate issued by the Madurai Corporation and whereas, in SSLC mark statement and the transfer certificate issued after completion of the SSLC, it was mentioned as 22.05.1998. The 2/6

petitioner wanted to correct this mistake that had crept in these documents. A representation was made in this regard and the first respondent refused to entertain the representation made by the petitioner. Aggrieved by the same, the present Writ Petition has been filed before this Court.

3.Heard Mr.D.Srinivasa Ragavan, learned Counsel appearing on behalf of the petitioner and Mr.P.Thambi Durai, learned Government Advocate appearing on behalf of the respondents. 4.In the considered view of this Court, the date of birth that was entered in the SSLC mark statement and also the transfer certificate, shown as 22.05.1998 is clearly a mistake, since the date of birth as found in the birth certificate is 20.05.1998 and this birth certificate was registered on 22.05.1998. The date of the registration of the birth certificate was incorporated in the mark statement and in the transfer certificate, which requires correction. It is further seen that in the HSC certificate, that was issued to the petitioner, the correct date of birth of the petitioner has been incorporated as 20.05.1998. 3/6

5.In view of the above discussion, the impugned proceedings of the first respondent dated 21.02.2020 and the fourth respondent dated 19.06.2020 are hereby quashed. There shall be a direction to the first respondent to correct the date of birth of the petitioner as 20.05.1998 instead of 22.05.1998 in the SSLC mark statement as well as in the transfer certificate, that was issued to the petitioner. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6.In the result, this Writ Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Index :Yes / No 28.11.2023 Internet :Yes / No NCC :Yes / No cmr 4/6

To 1.The Director of Government Examinations, College Road, Chennai-600 006.

2.The Director, Backward and Most Backward Class Department, Chepauk, Chennai-600 005.

3.The Joint Director, Kallar Reclamation Department, District Collectorate Campus, Madurai- 625020. 4.The District Educational Officer, District Educational Office, Near Municipal Building, Usilampatti, Madurai District. 5.The Headmaster, Government Kallar Higher Secondary School, Vikkiramangalam, Madurai District.

6.The Director of Government Examination, DPI Campus, College Road, Chennai-6.

5/6

N.ANAND VENKATESH, J.

cmr 28.11.2023 6/6